Is it legal for my boss to fire me for having a baby despite my efforts to work during pregnancy and postpartum?
Background:
- I informed my employers of my pregnancy early on and made arrangements for coverage while I was on leave.
- Despite health complications during pregnancy, I continued to work up until 2 weeks before giving birth.
- After my baby was born, my boss asked me to work immediately, disregarding my recovery needs and family responsibilities.
- Two weeks postpartum, I was abruptly fired with no explanation.
Comparison:
- My coworker received paid maternity leave, while I was left without a job after expecting the same support.
Reflection:
- I trusted my employers to provide the necessary coverage and secure my job, but they failed to follow through.
- This experience highlights the lack of care and communication in the workplace, contradicting the notion of a “work family.”
- It is important to consider employee reviews and feedback to assess the working environment before committing to a job.
Has anyone else experienced unfair treatment regarding maternity leave or faced challenges juggling work and family responsibilities? Share your stories and thoughts below! #MaternityLeave #WorkLifeBalance #UnfairTreatment #EmployeeRights #FamilyResponsibilities
What country are you in? Is this legal?
It’s tough being an owner. Having two child-bearing women in the office makes it more difficult. How can an owner afford to hire short term staff, even if they can find someone?! Then, train them up only to lose them upon the return of the newish mom, who may become pregnant again?!
One woman in the department is more than plenty
Never tell work unless you’re submitting the FMLA request same day.
How big is the company? If it’s big enough and you’ve been there a year, FMLA still protects part-time employees. It sounds like maybe it’s too small, though.
That happened to me, I worked for a small company that fired me during my mat leave. Still illegal discrimination though…
The labour market in the US is wild and the employers seem to be routinely complete psychopaths 🤦🏻♂️
Sure, owner can come pick up XYZ when I have some time. Not going to waste my time bringing you shit. You are welcome to come and get it, but only someone I know so I can be sure it gets back to the company. By the way, I moved 3 states away for an employment opportunity that actually treats me with respect.
6 weeks. Wtf. America is a fucked place.
What state? a few states have better FLMA than the federal.
Lawsuit
Sounds like an easy legal case to win. The company clearly broke the law in violating their obligations under FMLA. They probably just assume that you won’t sue them and from your other responses it sounds like they are correct.
Don’t feed the trolls in the comments, people. But do remember that they’re the reason FMLA had to be transcribed in law to begin with. They’re the reason women continue to be paid less than men. And they’re the reason FMLA is not nearly enough.
Reach out to an employment lawyer who offers free consultations. You still are very possibly owed for this/have grounds for a discrimination suit.
I just read this. im sorry.
1. most importantly: your former employer is shitty. as you said, fuck them.
2. the legality and what a lawyer will say is 100% going to depend on where you worked. if you are in the US, it depends on which state. pregnancy is generally looked at as a medical condition and **is** **protected**. you cannot be fired for getting pregnant or taking medical leave related to your pregnancy. some places in the US are very pro-labor and some are more pro-business. so lawyers will tell you that even the court you would file at and the demographics of the jury pool matters.
i am NOT a lawyer and you should talk to one. there are lots of online sites where you can get a quick consultation from a paralegal for free. theyre not going to give you advice but theyll ask you some questions to figure out if you have a case or not. if you have a case, then you can get a consultation.
3. the part time aspect of this confuses me. you are still protected as a part time worker. that part isnt confusing. the thing that weirds me out is that your hours werent guaranteed and there was literally zero reason to fire you. if i was your former employer’s attorney and they said they wanted to fire you, i would just tell them not to arrange any new work for you. ask for the equipment back until you were able to return to work. and then figure it out later. this is a common strategy to avoid being sued for discrimination by a part time employee. i am going to assume this is a small company and this person is not only shitty but also stupid.
4. id recommend following the unemployment process. they will interview you and if you explain your situation, they can also give you some free resources for help.
Look up employment lawyers near you. There’s a considerable chance the employer has violated federal law. You could easily be entitled to both reinstatement and back wages. If it’s a good case, the lawyer will take it ona contingent fee. If it is not, he or she will offer to take it on an hourly fee, which you shoudl decline and thank them for their time.
Family Medical Leave Act applies even if you don’t have benefits. The Pregnancy Discrimination Act definitely applies to part time work. You shouldnt be treated this way, and you probably have remedies to pursue.
Lemme guess… USA?
Giveaway is when boss asks woman after giving birth “can you get back to work?”… You guys live in insane country
You may have been discriminated against.
All employee lawyers offer a free consultation. Give a few a call and see if you have a case.
OH HONEY. Get yourself a lawyer. You are protected for six weeks disability for giving birth in the US. Your employer has fucked up.